Spousal Support Calculator
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Virginia Spousal Support Calculator

Calculate Maintenance Under Virginia Code § 20-107.1

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 20+ years?
Is recipient custodial parent?

Virginia-Specific Factors

Fault grounds for divorce?

Virginia Fault Grounds Impact (§ 20-107.1):

  • Adultery, cruelty, desertion, or felony conviction may affect awards
  • Fault can increase or decrease maintenance depending on circumstances
  • Adultery by recipient may bar maintenance entirely
  • Economic misconduct (waste of marital assets) considered

See: Virginia Code § 20-107.1(E)

Separate maintenance agreement exists?

Virginia Separate Maintenance Rules:

  • Separate maintenance agreements may be incorporated into divorce decree
  • Court can modify terms if circumstances change substantially
  • Agreements must be fair and reasonable at time of execution

See: Virginia Code § 20-109.1

Virginia Professional License Rules:

  • Enhanced earning capacity from license may be considered marital property
  • Courts may award maintenance during license maintenance periods
  • Continuing education costs may be factored into awards

See: Holloway v. Holloway, 551 S.E.2d 687 (Va. Ct. App. 2001)

Virginia Cohabitation Rules:

  • Maintenance typically terminates upon remarriage
  • Cohabitation may be grounds for modification or termination under Virginia Code § 20-109(D)
  • Must prove cohabitation and financial interdependence
  • Court has discretion in determining impact on maintenance

See: Virginia Code § 20-109(D)

Needs and Resources

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Virginia Retirement Rules (§ 20-107.1 & § 20-109):

  • Early Retirement (55-64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+/Full Retirement Age): May be grounds for modification under § 20-109
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for maintenance payments

See: Virginia Code § 20-107.1 & § 20-109

Earning Capacity

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Recipient Sacrificed Career for Marriage?
Recipient has disability?

Duration Factors

Maintain marital standard of living?
Significant separate property?
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Important Legal Note: This calculator provides estimates only based on Virginia statutes and case law patterns. Actual court-ordered maintenance may differ significantly as Virginia judges have discretion in maintenance determinations. The calculation is not legal advice. Consult a licensed Virginia family law attorney for advice regarding your specific situation.

Virginia Spousal Maintenance Calculation Results

Maintenance Type Determination

Recommended Maintenance Type:

Primary Factors:

Monthly Maintenance Amount

Guideline Amount:

Statutory Considerations:

Duration of Maintenance

Recommended Duration:

Virginia Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates only based on Virginia statutes and case law. The calculation is not legal advice and actual court-ordered maintenance may differ. Consult a licensed Virginia family law attorney for legal advice regarding your specific situation. Virginia law has specific rules for maintenance calculations based on statutory factors under § 20-107.1. Note: The 2025 child support guidelines now apply to combined monthly incomes up to $42,500.

Virginia Maintenance Case Law Examples

Cleary v. Cleary (2022)
Va. Ct. App. No. 0494-21-4

This important recent case emphasized that when a court awards spousal support for a defined duration, it must identify specific statutory factors from Virginia Code § 20-107.1 that justify both the amount and the duration of the award. The Court of Appeals overturned a five-year award because the trial court failed to connect the duration to the evidence and statutory factors, highlighting that specific reasoning is required.

Brandau v. Brandau (2008)
Va. Ct. App. No. 2387-06-4

Clarified that retirement constitutes a material change in circumstances justifying modification of spousal support, but the court must consider the payor's ability to continue payments from retirement income.

Congdon v. Congdon (2012)
Va. Sup. Ct. No. 111633

Reaffirmed that cohabitation alone is insufficient to terminate spousal support; the court must find that cohabitation has resulted in a change in the recipient's financial needs.

Stromberg v. Stromberg (2017)
Va. Ct. App. No. 1239-16-4

Held that voluntary underemployment by the payor does not necessarily reduce spousal support obligations if the court finds the payor has the capacity to earn more.

Modifying Spousal Support in Virginia

To modify spousal support in Virginia, you must follow these procedures:

File a Motion to Modify with the circuit court that issued the original support order
Demonstrate a material change in circumstances since the last order (e.g., job loss, retirement at full Social Security age, disability, cohabitation of recipient)
Provide financial documentation supporting the requested change
Attend a court hearing where both parties present evidence
The court will issue a modified order if justified by the evidence

Virginia Code § 20-109

Virginia Spousal Support FAQs

How is spousal support calculated in Virginia?

Virginia courts consider multiple factors under Virginia Code § 20-107.1, including:

  • Needs, financial resources, and obligations of each party
  • Standard of living established during the marriage
  • Duration of the marriage
  • Age and physical/mental condition of each party
  • Contributions to family well-being and career advancement of the other party
  • Fault grounds for the divorce

For temporary (pendente lite) support where combined monthly gross income is $10,000 or less, a formula applies: 26% of payor's income minus 58% of recipient's income if there are minor children, or 27% minus 50% if there are no minor children.

Virginia Code § 20-107.1(E) & § 16.1-278.17:1

What are the different types of spousal support in Virginia?

Virginia recognizes several types of spousal support:

  • Pendente Lite: Temporary support during divorce proceedings
  • Rehabilitative: Support for education/training to become self-supporting
  • Permanent: Long-term support, typically for long marriages
  • Lump Sum: One-time payment instead of ongoing support
  • Reserved: The court may reserve the right to award support in the future without awarding it now, per § 20-107.1(D)
How long does spousal support last in Virginia?

The duration depends on multiple factors:

  • Short marriages (under 5 years): Typically 25-50% of marriage duration
  • Medium marriages (5-20 years): Often 50-75% of marriage duration
  • Long marriages (20+ years): May be permanent or for the marriage duration
  • As established in Cleary v. Cleary (2022), courts must specifically justify the chosen duration using statutory factors
  • Support typically terminates upon remarriage, death, or cohabitation in a relationship analogous to marriage for one year or more per § 20-109(D)
Can spousal support be modified in Virginia?

Yes, Virginia courts can modify support orders based on a material change in circumstances per § 20-109, including:

  • Material change in circumstances (income changes, health issues)
  • Cohabitation of the recipient for one year or more
  • Retirement of the payor at full Social Security retirement age
  • Changes in either party's financial needs or resources

Virginia Code § 20-109

Does fault affect spousal support in Virginia?

Yes, Virginia is a fault-based divorce state. Fault can significantly impact awards:

  • Adultery by the recipient may bar maintenance entirely unless a denial would cause a "manifest injustice"
  • Fault grounds (cruelty, desertion) can increase or decrease awards
  • Economic misconduct (waste of marital assets) is considered

Virginia Code § 20-107.1(B) & (E)

How are spousal support and child support calculated together?

When calculating both spousal and child support in Virginia:

  • Spousal support is calculated first, then the spousal support amount is treated as income to the recipient and a deduction for the payor when calculating child support.
  • Child support guidelines have been updated and now apply to combined monthly parental incomes up to $42,500.
  • The court ensures the payor has sufficient income to meet their own basic needs after paying both obligations.
What is the tax treatment of spousal support in Virginia?

Under the federal Tax Cuts and Jobs Act:

  • For divorce or separation instruments executed after December 31, 2018, spousal support payments are NOT deductible by the payor and are NOT included as taxable income for the recipient.
  • This change was a primary reason Virginia updated its pendente lite formula in 2020, reducing the percentages to account for the lack of tax deductibility.
  • For orders predating 2019, the old tax rules (deductible for payor, taxable for recipient) generally still apply unless modified.

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